STATE OF FLORIDA FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Transcription

1 STATE OF FLORIDA FLORIDA LAND AND WATER ADJUDICATORY COMMISSION PUTNAM COUNTY ENVIRONMENTAL COUNCIL, INC., Petitioner, v. Case No. WMD ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondent I MOTION FOR LEA VE TO APPEAR AS AMICI CURIAE FOR RESPONDENT Movants, Southwest Florida Water Management District ("SWFWMD"), South Florida Water Management District ("SFWMD"), Suwannee River Water Management District ("SRWMD"), and Northwest Florida Water Management District ("NWFWMD"), by and through their undersigned counsel and pursuant to Rule 9.370, Florida Rules of Appellate Procedure, hereby seek leave of the Florida Land and Water Adjudicatory Commission ("Commission") to file a single Amici Curiae Brief in support of Respondent, St. Johns River Water Management District ("SJRWMD" or 1

2 "Respondent"), in the above-captioned proceeding. In support of this Motion, the Movants state: 1. Respondent and Movants are regulatory agencies of the State of Florida created by Chapter 373, Florida Statutes, and are charged with the responsibility to conserve, protect, manage, and control the water resources within their boundaries and to administer and enforce Chapter 373, Florida Statutes. Maintaining the balance between the water needs of current and future users while protecting and maintaining existing water supplies, planning for future water supplies, and protecting and maintaining related natural resources is central to this responsibility. 2. The request for review filed by Petitioner, Putnam County Environmental Council ("PCEC"), concerns Respondent's Water Supply Plan 2005, Fourth Addendum, Technical Publication SJ2006-2D ("Fourth Addendum"). The Fourth Addendum identifies several surface water projects as alternative water supplies ("AWS"), which PCEC argues is inconsistent with the definition of AWS found in Section (1), Florida Statutes. 3. Section , Florida Statutes, requires Respondent and Movants to develop regional water supply plans ("RWSPs") in areas where 2

3 "existing sources of water are not adequate to supply water for all existing and future reasonable-beneficial uses." (1), Fla. Stat. (2015). RWSPs must ensure the protection of the water resources and related natural systems and to identify and ensure a sustainable water supply for all existing and future reasonable-beneficial water uses. Id. Movants' RWSPs also identify potential AWS projects. 4. Furthermore, since 2011, Respondent, SWFWMD, and SFWMD have participated in the Central Florida Water Initiative ("CFWI"), a collaborative water supply planning effort also involving the Florida Department of Environmental Protection ("FDEP"), the Florida Department of Agriculture and Consumer Services ("FDACS"), and other stakeholders to address several water management challenges of the CFWI Planning Area. 1 The CFWI Planning Area is located in central Florida where the boundaries of Respondent, SWFWMD, and SFWMD converge and includes Orange, Osceola, Polk, Seminole, and Southern Lake counties. 5. Previous central Florida planning efforts have documented that the rate of groundwater withdrawals in certain areas of the CFWI Planning Area is either rapidly approaching or has surpassed the maximum rate that 1 Prior to 2011, SJRWMD, SWFWMD, and SFWMD participated in the Central Florida Coordination Area, which led to the creation of the CFWI. 3

4 can be sustained without causing harm or adverse impacts to the water resources and related natural systems. Based on planning projections, the CFWI Planning Area will need approximately 300 million gallons per day ("mgd") of additional water supplies by the year Approximately 250 mgd of that need will have to be met through increased water conservation and alternative sources. 6. After four years of collaboration between the water management districts, FDEP, FDACS, and other public and private stakeholders, the Draft CFWI R WSP was released for public comment on May 8, The Draft CFWI RWSP identifies programs and projects to ensure that adequate and sustainable water supplies are available to meet future water supply needs while protecting the environment and water resources extending through The Draft CFWI RWSP includes the same projects as those challenged by Petitioner herein. 7. The precedential impact of the Commission's ruling in this matter will have statewide significance. 2 The outcome of this proceeding 2 Indeed, the Commission's jurisdiction is invoked as raismg issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from the standpoint of agency precedent. Putnam County Environmental Council v. St. Johns River Water Management 4

5 has the potential to affect Movants' development of regional water supply plans, and to identify sustainable water supplies for present and future reasonable-beneficial uses while protecting associated water resources. Furthermore, the four-year effort of CFWI, culminating in the Draft CFWI RWSP, could be placed in jeopardy as several AWS projects identified therein are also identified in the Fourth Addendum. 8. For the reasons stated above, and because they implement Chapter 373, Florida Statutes, Movants have a substantial interest in this proceeding and desire to address the issues concerning the interpretation and application of Section (1), Florida Statutes. Movants' unique technical and practical knowledge and expertise in interpreting and implementing Chapter 373, Florida Statutes, should assist the Commission in the disposition of this matter. 9. The undersigned counsel has been authorized by PCEC' s counsel to represent that it objects to Movants' participation as parties, but would not object to Movants' participation as amici curiae provided that Movants are required to comply with Fla. Admin. Code R (5) and Fla. Admin. Code R (9) and (10), and would have to share the District, 136 So. 3d 766, 767 (Fla. 1st DCA 2014); see also (1)(a), Fla. Stat. (2015). 5

6 oral argument time allotted to SJR WMD without additional argument time. The undersigned counsel has consulted with Veronika Thiebach and Thomas Mayton, counsel for Respondent; Kristine P. Morris and Douglas Beason, counsel for the Florida Department of Environmental Protection; Edward P. de la Parte and Nicolas Q. Porter, counsel for Seminole County and Orlando Utilities Commission; and Eric Olsen and Erin Tilton, counsel for Florida Water Environment Association Utility Council, who do not oppose this Motion. WHEREFORE, the Southwest Florida Water Management District, South Florida Water Management District, Suwannee River Water Management District, and Northwest Florida Water Management District respectfully request that their Motion for Leave to Appear as Amici Curiae for Respondent be GRANTED. RESPECTFULLY SUBMITTED this 10th day of August, f::::&f.:~ Amy W. Brennan, FBN US Highway 301 North Tampa, Florida Telephone: (813) x.2139 karen. us Counsel for Southwest Florida Water Management District 6

7 Elizabeth D. Ross, FBN Jennifer Brown, FBN Gun Club Road West Palm Beach, FL Telephone: (561) Counsel for South Florida Water Management District George T. Reeves, FBN 9407 Davis, Schnitker, Reeves & Browning, P.A. P.O. Box 652 Madison, FL Telephone: (850) Counsel for Suwannee River Water Management District J. Breck Brannen, FBN Pennington, P.A. P.O. Box Tallahassee, FL Telephone: (850) Counsel for Northwest Florida Water Management District 7

8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to Barbara Leighty at Barbara.Leighty@LASPBS.state.fl.us; John R. Thomas, Esq., at JRThomasesq@Earthlink.net; Edward P. de la Parte, Jr., Esq. at edelaparte@dgfirm.com; Nicolas Q. Porter, Esq., at nporter@dgfirm.com; Eric T. Olsen, Esq. at erico@hgslaw.com; Erin J. Tilton, Esq. at erint@hgslaw.com; Kristine P. Morris, Esq. at kristine.p.morris@dep.state.fl.us; Douglas Beason, Esq. at doug.beason@dep.state.fl.us; Thomas Mayton, Esq. at tmayton@sjrwmd.com; Veronika Thiebach at vthiebach@sjrwmd.com; Elizabeth D. Ross, Esq. at bross@sfwmd.gov; Jennifer Brown, Esq. at jebrown@sfwmd.gov; G. Thomas Reeves, Esq. at tomreeves@earthlink.net; J. Breck Brannen at breck@penningtonlaw.com; Jack Heekin, Esq., at jack.heekin@eog.myflorida.com; Honorable Rick Scott, Governor, The Capitol, Tallahassee, Florida 32399; Honorable Jeff Atwater, Chief Financial Officer, at Jeff.Atwater@myfloridacfo.com; Honorable Pam Bondi, Attorney General, at Pam.Bondi@myfloridalegal.com; Honorable Adam Putnam, Commissioner of Agriculture, at Adam.Putnam@freshfromflorida.com; and to Jonathan P. Steverson, Secretary, Florida Department of Environmental Protection, at jon.steverson@dep.state.fl.us this 10th day of August, A~ 8

9 CERTIFICATE OF COMPLIANCE WITH FLORIDA LAND AND WATER ADJUDICATORY COMMISSION'S STANDARDS OF OPERATIONS RULES The undersigned hereby certifies compliance with the Florida Land and Water Adjudicatory Commission's Standards of Operations rules as follows: a) The original physically signed Motion for Leave to Appear as Amici Curiae for Respondent, dated August 10, 2015, will be retained by SWFWMD for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause, and SWFWMD shall produce it upon the request of other parties; and b) SWFWMD shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. A~ 9

10 CERTIFICATE OF COMPLIANCE WITH FLORIDA RULE OF APPELLATE PROCEDURE I HEREBY CERTIFY that the text herein is printed in Times New Roman 14-point font, and that this notice complies with the font requirements of Florida Rule of Appellate Procedure A~ 10